Commercial Litigation Law
Business Litigation Lawyers in Phoenix
Jennings Strouss' expert team of commercial litigation attorneys is one of the strongest in the Southwest. Our work is wide-ranging and includes virtually every type of litigation matter, ranging from the routine to large-scale, multi-jurisdictional litigation.
While we advise clients on ways of avoiding or minimizing the risk of litigation, and while we are skillful in applying appropriate legal pressure to obtain settlements or otherwise resolve disputes in our clients' best interest, we also offer a great deal of trial experience. By trial attorneys, we are not talking just about "litigators," but attorneys who serve as lead counsel before juries, often in cases involving complex legal issues and substantial amounts of money. Jennings Strouss' litigation lawyers have collectively been lead counsel or participated in hundreds of jury and bench trials spanning the state and federal trial and appellate courts. A number of our commercial litigators have prior experience as prosecutors with major municipalities, the Arizona Attorney General's Office, or the U.S. Department of Justice.
In the tort area, an objective way of evaluating the depth of our trial experience is to examine the membership of the American Board of Trial Advocates (ABOTA), an organization that requires members to have completed at least 20 cases as lead counsel before a jury in a contested tort case. Several of our litigation lawyers are members of ABOTA.
Our litigation attorneys are also skilled and experienced in various forms of alternative dispute resolution such as arbitration and mediation.
The following is a brief overview of some of the types of litigation for which we are retained by clients:
Several of our litigators represent clients before administrative agencies at all levels of government, including federal agencies such as the IRS, EEOC, EPA and OSHA, state agencies such as the Department of Insurance, Department of Environmental Quality and Department of Liquor Licenses and Control, and municipal agencies such as city tax departments and planning and zoning authorities, just to name a few.
Alternative Dispute Resolution
While we have extensive experience in the state and federal courts, our litigators are skilled in, and highly supportive of (when appropriate for the client’s interests), various methods of alternative dispute resolution. Whether pursuing arbitration, mediation or summary trials, our litigators will undertake the course that most efficiently and effectively meets our clients’ needs.
The Firm handles a wide range of antitrust litigation both within and outside of Arizona. Our attorneys deal with a variety of antitrust issues, including claims involving umbrella pricing, price fixing and exclusive distribution arrangements, issues involving access to suppliers and denial of access to resources, antitrust assertions against professions and regulated industries, claims of monopolization and refusals to deal, and antitrust issues arising from mergers and acquisitions.
We represent both plaintiffs and defendants in the state and federal appellate courts, including the United States Supreme Court. Our appellate practice involves a variety of legal issues, including antitrust, commercial, real estate, tort, tax, constitutional, labor/employment, Native American law, natural resources, governmental regulation, bankruptcy, insurance, health and workers' compensation.
Our attorneys have represented several current and former financial institutions in litigation involving Articles 3 and 4 of the Uniform Commercial Code. We have handled lender liability matters, director & officer liability, claims of fraud and embezzlement involving bank employees, and credit card fraud.
Bankruptcy, Business Restructuring and Reorganization
Our attorneys handle litigation in a variety of matters arising out of bankruptcies, including prosecution of complaints to prevent discharge of debtors, and creditors, claims, litigation involving preferential and fraudulent transfers, exemption litigation (pension plans and IRAs), and representation of bankruptcy lawyer counsel in malpractice actions.
We represent clients in debt collection litigation and other enforcement of creditors’ rights and remedies. We also provide defense representation to debtors, including guarantors, bonding companies and other sureties. Our experience includes receivership and judicial mortgage and non-judicial deed of trust foreclosure work, and the collection of deficiency claims against both principals and guarantors. It also includes the preparation, filing and processing, as well as the defense of, mechanic’s lien claims and foreclosure actions, as well as claims against various performance bonds.
Complex and Multi-Jurisdictional Litigation
A significant part of our litigation practice involves complex disputes in the federal courts. For example, our antitrust, securities and officer and director liability work has included participation in cases involving complex legal issues and substantial sums of money.
Our attorneys represent both property owners and condemning agencies in condemnation actions involving acquisition of property for governmental facilities, rights of way and urban redevelopment projects. We have had extensive experience with multi-parcel acquisitions.
We handle a wide variety of construction-related litigation, including indemnity, breach of contract, negligent delay and negligence in the performance of various contracts. We also have extensive experience in litigating claims involving construction site liability and negligence. Our fidelity and surety practice spans virtually the entire spectrum of fidelity and surety law and includes representation of a number of surety companies in lawsuits and claims against surety bonds.
Our attorneys have extensive experience in handling contractual disputes, both through litigation and arbitration. We represent clients in general contract litigation, bid disputes (including representation of procuring agencies and successful and unsuccessful bidders), and various construction bond disputes. The firm has done substantial work in the area of procurement law and has dealt with matters involving minority, disadvantaged and women’s business enterprises.
Director and Officer Liability
Our attorneys' scope of experience in this area includes defense of directors and officers in litigation over securities, RICO, antitrust, fraud, breach of fiduciary duty or duty of loyalty, negligence and related types of claims. We have represented directors and officers of savings and loans and other financial institutions, utilities, high-tech companies, insurance carriers, title insurers, health care institutions and manufacturers. Although our efforts are often in defending lawsuits in federal and state courts, we are frequently involved in insurance coverage issues as well.
Our attorneys have significant experience in all aspects of HMO and managed care litigation issues, including ERISA and non-ERISA health care coverage and employee benefit issues, managed care contract disputes, provider payment issues, antitrust, peer review and credentialing, as well as representation of health maintenance organizations and physician-providers in quality assurance matters and fair hearings.
We have unique experience in representing Medicare+Choice health maintenance organizations in coverage, contract and payment issues with providers, Medicare enrollees, and the Center for Medicare & Medicaid Services (CMS). Our attorneys are also highly experienced in defending health care providers in medical and dental malpractice actions.
We represent hospitals, health care systems and managed care entities in their medical malpractice litigation, and provide representation to physicians and health care providers insured by a major physician-owned insurance carrier. We also represent manufacturers of medical devices in complex litigation proceedings.
Intellectual Property Litigation
Our litigation lawyers represent clients in patent, trademark, copyright and trade secret enforcement and infringement matters, including litigation in the state and federal courts.
Labor and Employment
Our attorneys defend employers in a wide range of employment litigation, including sexual harassment, race discrimination and other Title VII claims, wrongful discharge claims, and issues such as employee discipline, drug testing and searches and seizures. We assist clients in administrative proceedings at all levels of government and in lawsuits brought in the state and federal trial and appellate courts.
One of the most frustrating and well-documented aspects of civil litigation is the substantial amount of time that often elapses between commencement of a case and obtaining a final remedy. There are, however, a number of provisional remedies available in certain cases that not only may provide a client with a remedy shortly after the case is brought, but also may offer strategic and tactical advantages should the case continue.
Usually the process of moving for these types of provisional remedies is time-sensitive. We assist clients in identifying the appropriate times to use provisional remedies and expedite the process of obtaining them. Our litigation attorneys have developed a working system for implementing the remedies with speed and accuracy.
Some of the provisional remedies we regularly deal with include: preliminary injunction & temporary restraining order; commercial forcible entry & detainer; residential forcible entry & detainer; attachment; pre-judgment garnishment and replevin.
Real Estate Litigation
Our lawyers represent developers, shopping centers, office complexes and other commercial clients in virtually all types of commercial lease disputes. We have litigated matters as simple as forcible detainers to complex lease interpretation issues such as rental adjustment provisions and continuous operations provisions. We represent developers in disputes with homeowners associations (and vice versa) over CC&Rs.
Our attorneys have litigated adverse possession and easement claims and virtually all other title issues. We have extensive experience litigating escrow and title insurance claims. We also defend real estate brokers and trustees in professional liability claims.
Our attorneys have handled a variety of securities litigation in both state and federal courts and have also been involved in numerous securities arbitrations. While we occasionally represent claimants, our litigation services typically involve defense of claims. Our litigation efforts have sometimes been in the context of class action allegations.